69 Registration Of Title

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Restriction on Dealings under Wills, Estates and Succession Act

Under s. 155 of the Wills, Estates and Succession Act, the personal representative must not distribute any part of an estate to beneficiaries or intestate successors until 210 days following the date of the issue of a representation grant unless the personal representative has:

1. the consents of all the beneficiaries or intestate successors;
2. a certified copy of the court order authorizing the distribution; or
3. set aside the specific gifts or sums pursuant to s. 155(1.3).

If the personal representative of a deceased person who died with a will effects a distribution by way of a transfer to a beneficiary within the 210-day period under s. 155, on application to register the dealing, the registrar adds the following notation that the transfer is subject to the Act in accordance with s. 69:

SUBJECT TO THE LIABILITY OF BEING SUBJECT TO AN ORDER UNDER DIVISION 6 OF PART 4 OF THE WILLS, ESTATES AND SUCCESSION ACT, SEE (doc #) DATE OF PROBATE, YY-MM-DD

Evidence as to the beneficiaries is required by the registrar in support of an application under s. 69. Acceptable evidence includes, but is not limited to the following:

1. a court certified copy of the disclosure statement that lists the beneficiaries;
2. a court certified copy of the affidavit of executor provided to the probate court by the executor.

See the “Consents” practice under s. 155 in this Manual for suggested forms of declaration that may be used by applicants to cover the consent matters noted in s. 155.

Restriction on Dealings where Action to Vary

Under s. 155(2) of the Wills, Estates and Succession Act, a personal representative must not distribute the estate of a deceased person without the consent of the court if relief is sought in an action to vary a will under Part 4, Division 6 of the Act.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 2, paras. 677 and 678.